Date: 11-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Nachiket Patil for plff. Present.
Adv. Sanjay for deft. present.
Adv. For the deft. Tendered draft N/M @ affidavit in support. Order- Leave granted to register.
Adv. For the deft. Tendered register N/M No. 1071/2020 @ affidavit in support.
N/M copy given to other side.
Matter is adjd to 21.03.2020 for Reply of N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: As per Corona Virus Circular dated on 16.03.2020.
Hence matter is adjd to 24.06.2020 for Reply
Next Purpose: REPLY
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 13.01.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Sanika G. Gharat for the plff. Present.
Adv. For the plff. Affidavit in reply of the plff. To the Notice of Motion filed by the deft. Seeking condonation of delay to file appearance.
Order - Seen and filed.
Matter is adjd to 10.03.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Sanika G. for the plff. present.
Matter is adjd to 31.03.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Both the parties and their advocate are absent.
L.O. at. 02.46 p.m.
Adv. Mehta and Adv. Sanika Gharat for the plff present.
Matter is adjd to 16.06.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: None present for plaintiff. None present for defendant. Due to rise in Covid cases, Adjd to 28.06.2021 for NM hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: Adv.Sanika Gharat for plaintiff present.
None present for defendant.
Due to rise in Covid cases, Adjd to 08.07.2021 for hearing on NM No.1071/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Adv. Ms. Sanika Gharat for plaintiff present.
None present for defendant.
Due to rise in Covid cases, Adjd to 23.07.2021 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: In view of office order No.106/21 dated 14.06.2021 only urgent matters are taken for hearing. Hence, board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Adv. Amit Mehta for plaintiff present.
None for deft.
Heard arguments of Adv. For plaintiff on N/M No.1071/20.
Defendant and his counsel are absent.
The matter is adjd for arguments of deft. on N/M to 17.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv. Reuben Baker i/b. Mahimtura and Co. for plaintiff present.
Already arguments of plaintiff were heard on N/M No.1071/20. Today, deft. and his counsel are absent. Already sufficient opportunity is granted to the deft. for hearing on N/M no.1071/20. Therefore, matter be kept for orders on N/M No.1071/20.
The matter is adjd for order on N/M No.1071/20 to 21.08.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Adv. Sanika Gharat for plaintiff present. Plaintiff present.
None for defendant.
ORDER ON N/M NO.1071/20
Defendant and his counsel are absent. This N/M is pending since long. Therefore, I shall proceed to decide it on merits.
This N/M is taken out by defendant praying to condone delay of 172 days in giving appearance before the Court.
It is submitted by defendant that he came to know about suit on 26.01.2020 through common relative. He had no business relations with plaintiff. With the help of relative, he could find out the present suit claim and therefore, appeared in person before the Court on 28.01.2020. Plaintiff failed to provide copy of the plaint and other documents. Due to unavailability of documents, he could not proceed with the matter. His advocate contacted plaintiffs advocate through email and requested him for providing copies of the plaint and documents. But, plaintiffs advocate failed to provide copies of the documents. By making all these contentions, deft. submitted that there is delay of 172 days in filing appearance before the Court. He prayed to condone the same.
Plaintiff by filing reply affidavit strongly objected the N/M moved by the deft. It is submitted that deft. deliberately refused to accept the summons. Therefore, summons were returned as unclaimed. By the order dated 04.11.2019, suit proceeded ex-parte. Deft. was having ample time to appear before the Court. Present N/M is filed in order to delay hearing of the suit. Deft. has not made out a case for condonation of delay of 172 days. By making these submissions, plaintiff prayed to dismissed the N/M.
Plaintiff has filed on record service affidavit (Exh.5) on 04.11.2019. Said service affidavit shows that summons sent to the deft. were returned as unclaimed. As per the endorsements on the envelope, intimation to the addressee was given on 20.09.2019 and 23.09.2019. Thus, as per service affidavit (Exh.5), summons were not personally served to the deft. However, record shows that deft. got knowledge of the proceedings and he appeared before the Court on 28.01.2020. Deft. ought to have filed his appearance as provided in Order 37 Rule 3 sub-rule (3) of C.P.C. But, record shows that deft. failed to do so after getting knowledge of the proceedings also.
Deft. contended that he did not receive plaint and documents. As stated above, summons to the deft. were not served personally. Thus, it can be inferred that deft. did not get the copies of the plaint and documents at the time of service of summons. However, deft. at the time of his appearance before the Court on 28.01.2020 and 14.02.2020, did not raise this point.
Considering the principles of natural justice and the fact that summons to the deft. were not served personally, it would be expedient to allow the deft. for entering his appearance before the Court. At the same time, deft. is required to be saddled with costs for causing delay in hearing of the suit. In the result, following order.
ORDER
1. N/M No.1071/20 is allowed in terms of prayer clause (a) subject to payment of costs of Rs.5,000/- payable to plaintiff till next date.
2. N/M No.1071/20 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 21-08-2021